What Constitutes Workplace Harassment?

Being harassed at work can make even a job you love unbearable. Not only does it have devastating effects on you as an employee, it affects the company and even society as a whole. One of the difficult things about workplace harassment is that it can take many forms and can occur in any type of workplace, from small businesses to large corporations. Not surprisingly, workplace harassment creates a toxic work environment that can harm the mental and physical well-being of you and other employees, reduce productivity, and damage the reputation and financial stability of the company. More to the point, though, it’s important to understand what causes workplace harassment and what options you have if it happens to you.

Experienced and Compassionate Support From California Employment Lawyers

When you’re being harassed at work, it can make you feel totally isolated and alone. This is especially true when your employer won’t take any action to stop the harassment. At Maison Law, we want you to know that you’re not alone. Our team of experienced and compassionate California employment lawyers will provide you with the legal support you need to hold your employer accountable for their actions and protect your rights. To get started, contact us today for a free consultation.

Is Workplace Harassment Illegal in California?

Simply put, workplace harassment is illegal in California. The California Fair Employment and Housing Act (FEHA) outlaws harassment and discrimination in every workplace in California that has more than five employees. The main point of workplace harassment is that it has to be based on certain “protected characteristics” that you or other workers possess. Under the FEHA, these characteristics include:

• Race or color
• National origin or ancestry
• Religion or creed
• Age (40 and over)
• Disability, whether physical or mental
• Gender or sex, including gender identity and gender expression
• Sexual orientation
• Marital status
• Pregnancy, childbirth, or related medical conditions
• Medical conditions, including cancer and genetic characteristics
• Military or veteran status

Not only does the FEHA apply to you once you’re hired, it also applies at every point of the job process, even prior to being hired. Thus, California law recognizes that harassment can take many forms and provides protections for whistleblowers who report harassment and prohibits retaliation against employees who complain about harassment or participate in an investigation.

What Constitutes Workplace Harassment in California?

Given how the law categorizes workplace harassment in California, it can take many forms and is broadly defined to include any:

• Unwelcome conduct that creates a hostile, intimidating, or offensive work environment.

With this broad definition in place, it can be difficult to nail down whether or not you’re being harassed in the workplace. After all, you likely work with a number of different people at your job, and some of them you simply won’t get along with. However, the key to understanding harassment, at least in a legal sense, is what is motivating the mistreatment you’re experiencing. If it’s based on certain protected characteristics you have like your age or race, the harassment you’re experiencing could be against the law. At the same time, it’s important to understand what types of treatment and conduct constitute workplace harassment in California. Here is a look at some of the more common forms of workplace harassment:

• Verbal harassment – This includes unwelcome comments, jokes, slurs, insults, or epithets based on a protected characteristic.
• Physical harassment – This includes unwanted touching, hugging, kissing, or other physical contact that is sexual in nature or based on a protected characteristic.
• Visual harassment – This includes displaying or circulating images or videos that are sexually suggestive, racially or ethnically offensive, or derogatory based on a protected characteristic.
• Electronic harassment – This includes sending or posting offensive or harassing messages, emails, texts, or social media posts that are based on a protected characteristic.
• Quid pro quo harassment – This occurs when a supervisor or manager demands sexual favors or other actions from an employee in exchange for a job benefit or to avoid a negative job consequence.
• Hostile work environment – This occurs when unwelcome conduct based on a protected characteristic is severe or pervasive enough to create a work environment that a reasonable person would find hostile, intimidating, or offensive.

It is essential to note that workplace harassment can be perpetrated by supervisors, co-workers, clients, vendors, or anyone that you interact with in the course of your work. To further understand workplace harassment, it’s helpful to look at the factors that cause it.

Factors That Cause Workplace Harassment in California

Obviously, workplace harassment can have devastating effects on you as an employee. But another byproduct of workplace harassment is the toxic effect it has on the workplace as a whole. It makes the workplace a bad place to be for every worker, which ultimately is going to affect the company’s bottom line. Still, workplace harassment happens every day in California and has various underlying factors. Some of the factors that contribute to workplace harassment in California include:

• Power imbalances – Harassment often occurs when there is a power differential between the harasser and the victim, such as a supervisor harassing a subordinate or an older employee harassing a younger one.
• Organizational culture – An organizational culture that tolerates or condones harassment can make it more likely to occur. Workplaces that foster a culture of discrimination, bullying, or lack of accountability can facilitate harassment.
• Lack of training and education – Employers that do not provide adequate training and education on harassment prevention, reporting, and response may have employees who are unaware of what constitutes harassment and how to report it.
• Personal biases and stereotypes – Personal biases and stereotypes based on protected characteristics, such as race or gender, can fuel harassment. For example, a manager who believes that women are less competent than men may harass a female employee.
• Poor communication – A lack of clear communication between employees and employers, or between employees themselves, can lead to misunderstandings and conflicts that can escalate into harassment.
• Stressful work environment – A stressful work environment, such as one with high job demands or low control, can increase the likelihood of harassment by exacerbating tensions and conflicts.

Every workplace in California has its own unique environment, and some are more likely to have these contributing factors that can lead to harassment. What’s important for you to understand as an employee is that you have legal options if you believe you are being harassed and your employer won’t take any action to stop it.

What Legal Options Are There For Workplace Harassment Victims in California?

In California, workplace harassment victims have several legal options to seek remedies and hold responsible parties accountable. The following are some of the legal options available to workplace harassment victims in California:

• Filing a complaint with the California Department of Fair Employment and Housing (DFEH) – The DFEH is the state agency responsible for enforcing the California Fair Employment and Housing Act (FEHA). Once the complaint is filed, the DFEH will investigate the allegations of harassment and may seek remedies such as damages, back pay, and reinstatement on your behalf if it finds that the harassment occurred. Usually, though, the DFEH attempts to resolve the complaint through mediation or other alternative dispute resolution methods. Once the DFEH makes a ruling, they issue a “right to sue” letter that allows you to proceed to filing a lawsuit in civil court.
• Filing a lawsuit in court – Once the DEFH complaint process is complete, you then have the right to file a lawsuit in court against your employer, the harasser, or both. Our team of experienced California employment lawyers can help you navigate this process and will support you every step of the way. Generally, a lawsuit allows you to seek damages for:
  • Lost wages
  • Loss of benefits
  • Emotional distress
  • Pain and suffering
  • Attorneys fees

Like any claim, a successful workplace harassment case is not automatic, and you must prove that you suffered harm as a result of the harassment. However, by working with our team of experienced employment lawyers, we can help you evaluate your damages and pursue the compensation they are entitled to under the law.

Maison Law Stands Up For Victims of California Workplace Harassment

At Maison Law, we stand up for victims of workplace harassment and fight to hold accountable parties responsible for their actions. Our experienced team of California employment lawyers can help you understand your legal options, navigate the complaint process, and pursue the compensation you are owed to under the law. Don’t let workplace harassment go unchecked– contact us today to schedule a free consultation and learn how we can help you.